Section 75 16 November 2022 at 5:22PM in Consumer rights 10 replies 171 views

debsdebsmac

I’ve partly paid for some unsatisfactory building work on my credit card - Total invoice is above the £30,000 but have not paid that much as was paying in stages before we stopped the work. Have given builder chance to rectify but they have not been back on site. Credit card refusing to help with section 75 as Total invoice was over £30,000  - Is this correct?

powerful_Rogue

debsdebsmac said:

I’ve partly paid for some unsatisfactory building work on my credit card - Total invoice is above the £30,000 but have not paid that much as was paying in stages before we stopped the work. Have given builder chance to rectify but they have not been back on site. Credit card refusing to help with section 75 as Total invoice was over £30,000  - Is this correct?

Afraid so, has to be less then £30,000 for a s75 claim.

eskbanker

Yes, the upper limit for s75 is indeed £30,000, although technically this applies at item level, rather than total invoice value.  Having said that, if it's evidently a cohesive project priced above that level then you're unlikely to be able to get the card company to accept any liability....

debsdebsmac

Not sure if it makes a difference that invoice is broken down into Kitchen units/appliances/building work each item less than £30,000 - I can only hope

eskbanker

What's your desired outcome here, i.e. if you're asserting breach of contract then which remedies are likely to be appropriate?

debsdebsmac

Ideally I’d like my money back and start again - thought I’d done everything right - took a recommendation - went to see work - paid partly on credit card

eskbanker

debsdebsmac said:

Ideally I’d like my money back and start again - thought I’d done everything right - took a recommendation - went to see work - paid partly on credit card

Isn't there any value in what's already been done?  In other words, is ripping everything out/down and starting again going to be more cost-effective than getting someone in to finish the work properly?

powerful_Rogue

debsdebsmac said:

Ideally I’d like my money back and start again - thought I’d done everything right - took a recommendation - went to see work - paid partly on credit card

What's the actual issue though?

debsdebsmac

Walls are part built - but not straight or level, cavity not cut in, wall ties missing, debris in cavity causing contact between outer & inner walls. Building inspector not accepting what has been done.

DullGreyGuy

S75 is exceptionally dependent on how things are presented in the contract/invoice as the law is in relation to an "item" value.  Buy 2 shirts at £99 each and you have no cover, but a double pack of shirts for £198 and you are covered. Similarly a kitchen unit for £400 is covered but a kitchen carcass for £250, £99 for door, £45 for draw front and £6 for handles only the carcass is covered.

Its unfortunately another way that S75 just doesnt make sense any more.

Undervalued

debsdebsmac said:

Ideally I’d like my money back and start again - thought I’d done everything right - took a recommendation - went to see work - paid partly on credit card

You may ideally like that but in any legal dispute you have a duty to take reasonable steps to minimise losses. So, if there is a cheaper way of arriving at a satisfactory outcome that "ripping it all out and starting again" it is very unlikely that a court would award damages to cover doing so.